The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-08-04

enjoy the mill property and other bust
ness, power for which is furnished you
from the water flowing at your mill
dam. The amount OF such damage to
you is therefore largely problematieal,
entirely upon the Suficiency
of such water. IL the city uses all it
wants and you have all that you can
possibly have use for, then of necessity
you are not damaged any at all. To
the extent of your actual damage
caused by the use Of said water by the
city, you ought to be reimbursed, and
there Is no disposition in the city coun-
Gil to do otherwise than fully compen-
safe you for such damage.
We, therefore. in behalf of the city,
make you the following offers:
First. To contract with you as per
terms of the written contract IN your
possession, which you promised repre-
but which you have failed to do, con-
tracing in substance, lease for 3
term of years. at the annual rental Of
$500, payable in monthly installments.
with the right reserved in the city to
terminate the lease at any time on re-
moval of the water works; or
Second. You to permit the water
works to remain where they are. until
they are removed to the Neosho river,
and the city to pay you actual damages
you sustain after May 1St, 1887, less
whatever benefits you derive from the
water works as at present situated, by
reason of furnishing your property hre
protection.
In view of the situation as herein de-
tailed, we trust you Will reach the con-
clusion to accept either one Of these
offers, or, If neither is acceptable to you
to make the city proposition In the
premises.
Awaiting your reply, we are respect
fully yours, FRANK MCCAIN
| W. V. PHILLIPS.
Committee on Water Works of En-
| poria, Kansas. 80
soDEN's REPLY.
The following reply was received
yesterday to the above letter sent t.
Mr.. Soden:
To N 4. Weaver. Mayor of the City of EN-
| poria:
On coming to town this morning
found in possession of my attorneys
v. Phillips, as committee on waite
works, in answer to my communicated
to the council last evening.
NY communication was simply Il
bring this matter to the attention of tn
council, and to impress upon you ant
the council the necessity of maxim
| some immediate arrangements by whic
the city can take water from the Cot
tonwood river above my dam. l do no
desire, and will not, conduct these ne
gotiations by letter, and will therefor
say that am perfectly willing and no
averSe to meet committee of the cOun
Gil at any time to-day and talk owe
with them, and if possible agree wit
them upon some arrangement that WI
be mutually satisfactory, and while
i, have no desire to recommend or Sue
gest who should act on that commit
tee, yet wish to say that from certai
public expressions that have been mad
by Councilman Cain, l doubt whetf
er it is possible to come to any agree
, ment or arrangement with commit
, tee of which lie should constitute on
, member. I wish further to impreE
= upon your mind that the rights qua
: teed to me by the Judgment of the coul
: will be strictly and promptly enforced
excepting the privilege which hay
: already given you, to take for fire pu
; poses only for thirty days, unless son
; arrangement is at once made whiC
shall be mutually satisfactory to bot
. the city and myself. W. 7. SODEN.
, Scott s. Firth and Kellogg & Sed
wick, attorneys for w. T. Soden.
Since the above letter was sent we a
D informed that meeting has been al
ranged for to-day between Mr.. S
den on the one side and the Waite
/ works Committee on the part of tt
7 city for the other side.